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Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.

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  Decision 2438 17
5/25/2018
J. Dimovski

  • Negligence (duty of care) (occupational health and safety)
  • Transfer of costs

The worker of a masonry business slipped on stairs at a construction site. The site was managed by a construction management company. The masonry company appealed a decision of the Appeals Resolution Officer denying transfer of the costs of the claim to the construction management company.
The accident employer submitted that the management company breached the standard of care owed by s. 72 of O. Reg. 213/91 under the Occupational Health and Safety Act, to clear snow, ice and slippery material.
The Tribunal has accepted statutory duties set out in OHSA as useful in establishing a standard of reasonable conduct. In this case, there was no indication that the management company was investigated, charged or convicted under OSHA regarding this accident. Further, there was a lack of evidence to corroborate the worker's statement that the stairs were hazardous or cluttered by snow and black ice at the time of the accident. The Vice-Chair accepted that parts of the site were wet but there was insufficient evidence of snow, ice or other slippery material. Evidence did not establish that the management company breached its duty of care under the OSHA regulations. The Vice-Chair also noted that the worker would have been aware of the wet conditions.
The accident was not caused by negligence of the management company. The masonry company was not entitled to transfer of costs of the claim to the management company. The appeal was dismissed.